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B-188426 1 (1978-05-25)

handle is hein.gao/gaobadtro0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED SAE WASHINGTON, M.C. 20548 B-188426 May 25, 1978 The Honorable John Lewis Smith United States District Judge United States District Court For the District of Columbia Dear Judge Smith: - We are in receipt of your order dated May 18, 1978, in .Civil Action No. 77-0329. You request that we inform you whether we view our dec. sion in •.ion-Carbide Corporation, B-188426,VSeptember 20, 1977, 77-2 CPD 204, as a final decision on Union Carbide Corporation's (UCC's) protest against the award by the United States Air Force of requirements contract No. F41608-77-D-0013 to Air Products and Chemicals, Inc.. ;. / We issued our September 20 decision at the / court-s request, and, in order to provide the cout with the benefit of our views (see-section 20 1O 'CF, of our Bid Protest Procedures, 4 C.F.R. parT-20t ) (1977) (Procedures)) we-discussed the merits of..issues untimely raised under our Procedures, as well as timely ' issuei Ax the order notes., UCC .has filed a request that we recopsider our decision in aocordance with .sectioni2O.-91of 'Our Procedures. Under that. section, Mr%- no limit to the number of times an interested . ,party can request reconsideration of a decision, as long as the time-limit set out in the section is met, with the poisibility of substantial'delay in the ultimate resolution .of a.matter. To that extent, the concept. of a final decision as we understand its use in the judicial process does not apply to our consideration of bid protests. Moreover, in view of the substantial burden on the party requesting reconsideration to demonstrate that modification or reversal is warrantedon. the basis. of errors of law made or information not previously considered, our records reflect that-almostall of our decisions are affirmed on reconsideration.

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